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Tuesday, November 5, 2013

Violation Notices

Other than paying assessments, the most common reminder that
one lives in an association is receiving a letter specifying a needed home maintenance
action.Pointing out contractual
obligations can appear confrontational or seem to be a personal attack, more so
because we are dealing with a person’s private living space.

Community Association Managers perform inspections per an
Association contract, with direction provided by the Board. Communities without
land covenants, or communities with unenforced covenants, often end up
dilapidated, driving down home values. Property reviews help identify improvements
needed to increase aesthetics, keep up property values, and ensure that everyone,
including homeowners, are doing their part in the community’s success. A well-maintained
community also encourages neighbors to remain current on their assessments.

If the community has not been consistent with its
inspections, it can be a very time consuming and challenging process to get the
community back into shape. This is even more difficult if there is no ability
to fine or perform self-help (meaning
that the Association comes in and performs work on the home, and bills expenses
back to the homeowner).In these
instances it is a good idea to amend the governing documents to establish
consequences for non-compliance. Without consequences, notifications will
be ignored and homeowners are much less likely to correct violations in a
timely manner. If your community
finds itself having to start from scratch, the first action should be to
provide a community-wide announcement, setting a date for enforcement activity
to begin.This announcement should list
the most frequent violations, so that all homeowners can self-police.

This property review process requires the use of a formal violation
notices.Due to a recent Georgia court
decision, it is recommended that the violation log be formally approved by the
Board at each meeting.Compliance
letters prevent confusion and provide protection against challenges.Such notices should carefully detail the
violation and provide a solution, so homeowners may easily resolve a situation.
In contentious cases, you may need to
file notice in the courthouse land records, so a prospective home buyer is made
aware.Otherwise, the new owner could
potentially be exempt from addressing a violation left by the seller.Another consideration is the two-year statute
of limitations.The clock starts ticking
when the violation occurs, not when it is discovered.If two years pass without the situation
resolved, the violation may be unchallengeable.

When receiving a violation letter, a natural response is to
look and see if neighbors are being cited for the same issues. Ensuring everyone
is held to the same standards is in the best interest of all – the homeowners,
the Board, and the management team. If homeowners have confidence in an
impartial process, they are more likely to respond in a positive fashion to violation
notices.Inspections are just a snapshot
in time, and the manager is not aware of personal circumstances that may impact
compliance.If someone receives a
violation letter that he feel is unwarranted, he should contact the manager to
discuss.Managers are reasonable people,
and will work with anyone in the midst of a hardship or special situation.